PETER HERBERT is today asking that a judge set to hear his case as he sues high profile figures such as members of the High Court judiciary, the former Lord Chief Justice, Lord Thomas and Liz Truss, is taken off the case.
Peter is a recently retired Black judge who was awarded an O.B.E for his services to equality, diversity and human rights. He also chairs the Society of Black lawyers.
He is calling on a number of high profile figures to defend themselves for the way he was treated at a Leeds Employment tribunal. Peter accuses them of “racism, bullying and victimisation.”
That case is expected to take place on March 8.
At that tribunal, Peter said race discrimination was a “significant problem” that was causing “deep distress” to lawyers from Black and ethnic minority backgrounds.
Today, Peter is challenging the decision to let Judge Robertson hear his case.
Robertson is accused by Peter of racial bias and a personal conflict of interest.
It is alleged that the regional employment judge pretended he did not know the dates that Peter would be unable to attend court. Peter suggests a white judge would not have been treated in the same way.
It is Peter’s belief that if Robertson were to hear the case, he would attempt to dismiss it and protect senior members of the judiciary.
If Peter wins, his next step would be to ask the Equality and Human Rights Commission to investigate the judiciary.
However, he is skeptical about his chances.
Speaking to The Voice, he said: “If any judge finds in my favour, they’re effectively done.
“I’m accusing judges of racism and I’m going before a white man. It’s hard to go up against the Establishment.”
Cordella Bart-Stewart, Director of the Black Solicitor’s Network wrote in The Voice that Black solicitors and barristers are least likely to be recommended for judicial appointment regardless of seniority.
Ethnic diversity in the profession remains a serious issue.
Why is Peter suing members of the judiciary?
In April 2015, Peter spoke at a rally in Stepney, East London.
He criticised a decision that the Electoral Commission had made and said: “Racism is alive and well and living in Tower Hamlets, in Westminster and, yes, sometimes in the judiciary.”
A suspected member of the UKIP party complained about Peter’s speech to the Judicial Conduct Investigations Office (JCIO).
As a result, Peter was given a written warning for straying into politics. Later on, he was given a formal warning and found guilty of misconduct. Attempts to stop him sitting as a judge were eventually abandoned.
Later, in August 2018, Peter did receive an apology from the Judicial Conduct Investigations Office (JCIO) for his unlawful suspension.
However, he is believed to be the first judge in British legal history to be disciplined for criticising a fellow judge.
He thinks his race played a role in the judgement against him.
For example, he points out that two people described him as “aggressive” in their witness statements. This is a common stereotype unfairly levelled at Black men and women.
In April 2017, he complained that his treatment had been influenced by institutional racism in a letter to the Lord Chancellor, Liz Truss and the former Lord Chief Justice, and he did not publicly accept his sanction.
The alleged UKIP member once again complained to the Judicial Conduct Investigations Office (JCIO), this time for the letter he wrote.
Again, Peter was referred for dismissal.
Peter maintains his allegations of race discrimination, harassment and victimisation against the judiciary and these will now be heard on March 8.
Speaking to The Voice, he shared the toll that fighting a legal battle so long had taken on him.
He explained: “The whole thing has been so disproportionate. When they wanted to suspend me, it was the anniversary of my mum passing away and I found out my closest friend at the bar had died.
“The whole thing left me humiliated, angry and worried about my future.”
Though there is a guide to judicial conduct, it does not mandate that people should be dismissed for criticising other judges.
The stress of the situation contributed to his decision to retire early. But he is determined to fight the battle, though he feels the odds are against him.
“I feel I’ve got to make a stand. It demonstrates to them that they are not above the law and they cannot act with impunity,” he explained.
Widespread support
Many politicians and other high profile figures are aware of the case, and are supporting Peter’s campaign.
MP Claudia Webbe said: “The absence of Black and minority ethnic judges in the system is shocking and the treatment of the judges who have managed to be appointed demonstrates they are not treated as equals under the law.
“Bullying, harassment, discrimination and the wholesale denial of any form of discrimination is what they experience on the bench. If the Judiciary cannot treat their own colleagues fairly what hope is there for our community?”
MP Bell Ribeiro-Addy said: “Peter has highlighted that the Black and minority ethnic community are not treated in any walk of life as if we are full British citizens.
“The finding of misconduct says more about the establishment seeking to condemn any criticism and pretend that anyone who claims there is racism in the Justice system is simply making a “scandalous and unwarranted” attack on the former Lord Chief Justice and Lord Chancellor.”
Lee Jasper, a former adviser to the London mayor on race said: “Peter would not face this action if he was white, male and middle class.
“This highlights the continued racial bias that exists in the British Judicial system.”
Comments Form
9 Comments
On 3 Apr 2019, The Telegraph reported that the Lord Chief Justice had claimed that the scale of sexism in UK courts is exaggerated. However, he also acknowledged the finding of a handful of examples.
Is this really so different from Peter Herbert saying that racism sometimes exists within the judiciary?
I don’t think so and the very different response to Peter would seem to confirm the judicial establishment is racist.
Peter Herbert and the society of black lawyers in the eighties came to Liverpool to represent black people and in doing so exposed the racism and apartheid in the criminal justice system no black jurors no black magistrates or crown court judges no senior barristers
By their presence and pro-bono work working with l,8 law centre
Black representation was increased in the courts they challenged racism and steotyping directed at them and their clients we have much to be proud of through their principled approach it is not politics to challenge racism it is the duty of all right minded people black and white to be victimised is against the law for standing up for what’s a human right to be treated and have the same opportunities for justice as your white peers
Well said!
When the very best of Black professionals, such as Peter Herbert OBE, are racially discriminated against in this manner, it raises little hope of there ever being a fair/ just society and judiciary. It also highlights that racism must be challenged whenever and wherever it raises it’s ugly head, despite the possible personal ramifications it may have on the challenger’s life/career. I support Peter Herbert OBE 100%.
I just want to reiterate what Maria O’Reilly has said. I came to know Peter Herbert when I was a solicitor at the Liverpool 8 Law Centre in the 80s. I recall his passionate advocacy in the criminal courts challenging the brutal racism of police officers and challenging the blind conventions of the judiciary . Peter became a beacon of hope in Liverpool and beyond for many black people criminalized by predjudice and racism. His example has inspired me over the years in my own work fighting for fairness and justice for asylum seekers and immigrants. Peter Herbert’s name is synonymous with justice – I support him totally.
I support Peter Herbert 100%.The racism within the judiciary has been known for years. As with all other forms of institutional racism it needs to be challenged. With the Black Life matters movement now getting recognition this is the best time to challenge the Las bastion of racist practice.
Chandra Ghosh
There is no surprise here, you just need to look at the conviction rate of BAME in the prison system. The system view assertiveness as aggression when it suits them. Fight for your right Peter
We are So Proud of You Peter, ‘Thank You’ for your courage and integrity. No matter how it seems, the universe of positivity, justice and truth will Stand YOU WILL HAVE THE VICTORY, KEEP FAITH AND BELIEF, YOUR EFFORTS ARE NOT IN VAIN!!
For almost 4 years, I have been experiencing worse institutionalized racism in the High Court and Court of Appeal court than Peter and his colleagues did.
I have decided to sue the MOJ but as Peter, I have no faith in the judges. In fact no black person should have faith. The system is rotten to the core
If there is anyone who can help, including journalists, please contact me on 07958283540 and I will tell you my compelling story. It is disgraceful that a court that prides itself to offer world class justice to everyone is so racist. I am sick and almost dying. Help.
Makweley Lysongo